United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ex Parte Dante, 228 U.S. 429 (1913)

Ex Parte Dante

No. 15

Argued April 14, 1913

Decided April 28, 1913

228 U.S. 429

Syllabus

The rules of the Court of Appeals of the District of Columbia were promulgated in pursuance of power conferred upon the justices of that court by § 6 of the Act of February 9, 1893, creating it.

Rule 10, providing that there shall be no review by the Court of Appeals of any order, judgment, or decree of the Supreme Court of the District unless the appeal be taken within twenty days after the same is made, is the only rule governing such appeal, and there is no provision extending the time for taking or perfecting an appeal in the event of death of a party.

Rule 10 has been interpreted to include the perfecting of an appeal by filing the bond.

The facts, which involve the construction of Rule 10 of the Court of Appeals of the District of Columbia prescribing the time within which appeals from the Supreme Court of the District must be taken, and the application of that rule to appeals where the judgment debtor has died within the prescribed period, are stated in the opinion.